Court No. - 80

Case :- WRIT - B No. - 1062 of 2020

Petitioner :- Munney Ansari And 3 Others

Respondent :- Board Of Revenue And 3 Others

Counsel for Petitioner :- Aman Srivastava

Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

Hon'ble Ajay Bhanot,J.

Heard Sri Aman Srivastava, learned counsel for the petitioners,

learned Standing Counsel for the respondents No.1, 3 and 4 and

Sri Bhupendra Kumar Tripathi, learned counsel for the

respondent No.2.

Sri Aman Srivastava, learned counsel for the petitioners

contends that the interim order was granted by the Board of

Revenue, Uttar Pradesh at Allahabad in Revision No.19 of

2008-09 (Babu Vs. Gaon Sabha and another) on 16.03.2009.

The interim order was extended from time to time. However,

the interim order was not extended from the year 2018 due to

various reasons. It is contended that stay extension application

is not being heard because of absence of the member of the

Board of Revenue and for other reasons. The petitioners are

being threatened with dispossession in absence of the interim

order.

I see merit in the submission of Sri Aman Srivastava, learned

counsel for the petitioners that the remedy of revision is

substantive one which flows from substantive and interim order.

The Board of Revenue has failed to extend the interim order

without valid reason. Parties cannot be permitted to take

advantage of this situation. Attempt to change the status of

property in such case will render the remedy of revision

illusory.

In such view of the matter, no useful purpose would be served

by keeping this writ petition pending.

The matter is remitted to the respondent no. 1-Board of

Revenue, Uttar Pradesh at Allahabad. A writ in the nature of

mandamus is issued to the respondent no. 1-Board of Revenue,

Uttar Pradesh at Allahabad to execute the following directions:

I. The respondent no. 1-Board of Revenue, Uttar Pradesh at

Allahabad, shall decide the application for interim injunction

dated 18.06.2020 filed in Revision No.19 of 2008-09 (Babu Vs.

Gaon Sabha and another), preferably, within a period of six

months from the date of production of a computer generated

copy of this order, downloaded from the official website of the

High Court Allahabad. The computer generated copy of such

order shall be self attested by the counsel of the party concerned

and the Authority/Official shall verify the authenticity of such

computerized copy of the order from the official website of

High Court Allahabad and shall make a declaration of such

verification in writing.

II. Till the decision of the respondent no. 1-Board of Revenue,

Uttar Pradesh at Allahabad on the stay extension application,

the interim order dated 16.03.2009, shall remain stayed.

III. It is clarified that the extension of the interim order dated

16.03.2009, does not in any manner reflect a finding on merits

of the stay application. The application for extension of stay

shall be decided on its merits after independent application of

mind.

The writ petition is disposed of finally.

Order Date :- 24.9.2020

Ashish Tripathi